Poor poor Bethesda. They seem to be suing everybody and failing at it all the time.
Interplay, who sold the rights to single player Fallout games to Bethesda, is in a legal battle with Bethesda, for their work on a Fallout MMORPG. They asked to stop the development of the game and cited copyright reasons. With the success of the franchise, and of big online games like WoW, no wonder Bethesda has plans for their own online version of the game.
The US Court of appeals decided to not grand their second injunction and will proceed with a trial by jury. Here is what the judges had to say:
“Bethesda appeals, arguing that the district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm. A district court abuses its discretion when it denies a preliminary injunction motion only if it bases its decision on an erroneous legal standard or clearly erroneous factual findings.”
“Here, the injunctive relief that Bethesda seeks would not preserve Interplay’s assets such that Interplay could satisfy a judgment in the event Bethesda prevails on the merits. “”
But wait, there is more.
According to BrightSifeOfNews, “Should the outcome of this case null and voids the second contract between Interplay and Bethesda, Bethesda will automatically be found guilty for breaching the first contract, which leads to punitive damages and at least 12% charge on achieved revenue.”
The site then explains that it could mean at least 72 million dollars, “plus the damages which can be from the tune of couple to couple of dozen million dollars. After talking to our legal counsel, we guestimate that Interplay would stand to receive around 200-250 million dollars in total”.
That is a lot of caps. I don’t think Bethesda would be to pleased if it turns out that way. Want some advice Bethesda? Get better lawyers.